Our terms of sale
1. PREAMBLE
The company TERRE D’ISLANDE under the trade name LA MAISON DU CABAN is registered in: RCS Saint-Brieuc.
Siret : 379 767 874 and the headquarter is located in: QUAI DE KERNOA - 22500 PAIMPOL - France.
TERRE D'ISLANDE is distributor of the DALMARD MARINE brand.
The present conditions are concluded between the company TERRE D’ISLANDE and the persons wishing to make a purchase via the website boutique.dalmardmarine.com, property of the company TERRE D’ISLANDE.
The parties agree that their relations will be governed exclusively by this contract, with the exclusion of any condition previously available on the website.
TERRE D’ISLANDE acts in best manner to comply with the Consumer Code relating to distance selling in France.
2 - OBJECT
The present conditions are intended to define the terms and conditions of sale between TERRE D’ISLANDE and the user, from ordering products from payment and delivery.
They regulate all the steps required for placing the order and ensure the follow-up of this order between the contracting parties.
3 - ORDER
The user can place his order online from the online catalogue, presenting all available products.
The order can only be placed on the website either with a guest account or by creating a specific account with a strictly personal password.
Any order implies acceptance of prices and description of products available for sale.
TERRE D’ISLANDE undertakes to honour the orders received on the website only within the limits of the available stocks of the products. In the absence of availability of the product, TERRE D’ISLANDE undertakes to inform the user, offer a replacement or if not available reimburse the full amount.
4 - SITE USE
We remind you that the website boutique.dalmardmarine.com is exclusively intended for consumers. Purchases made from the website are for your personal use, including personal gifts, and must not be resold, used in a commercial context or used for commercial profit. Any order implies acceptance of this clause, and TERRE D’ISLANDE cannot be held liable in the event of non-compliance with this clause.
5 - PROMOTIONS, CREDIT NOTE, REDUCTION CODES AND COMMERCIAL OFFERS
The promotions, discount codes, or any other commercial offer, offered by the company TERRE D’ISLANDE to its customers via its website boutique.dalmardmarine.com, are valid ONLY and EXCLUSIVELY on the website boutique.dalmardmarine.com. Reduction codes must be used during the ordering process ("order summary" step). They cannot be deducted from an order once it has been finalized.
Credit notes have a validity of 30 days.
6 - DELIVERY
The products ordered by the customer will be delivered to the address indicated at the time of the order, in a relay point or to be collected from the DALMARD MARINE warehouse in Paimpol, in the Côtes d'Armor region in France.
- Delivery in Metropolitan France and the European Union
Depending on the value of your order, TERRE D'ISLANDE chooses the carrier who will take care of the delivery:
- For orders of less than 50€, delivery is made by Colissimo within 2 to 3 working days from the confirmation of the order. These times may vary depending on access to the delivery address.
- For orders over 50€, delivery is made by DHL within 2 to 3 working days from order confirmation. These times may vary depending on access to the delivery address.
- Delivery to countries outside France and the European Union
Please contact us for more information on delivery costs so that we can offer you the best possible rate.
Deliveries are made by DHL within 5 working days. These times may vary depending on access to the delivery address.
Order tracking is available for orders placed via the website under 2 conditions:
- The customer has created a customer account
- The order has been placed for available items that can be shipped immediately
Tracking is transmitted by e-mail when the shipment leaves our warehouse, and is then accessible via the customer account.
The delivery times indicated above are not guaranteed and are given as an indication only.
Shipping costs :
In Metropolitan France and the European Union, shipping is free for orders over €500. Shipping costs are applied for orders under 500€.
In countries outside Metropolitan France and the European Union, shipping costs are applied. They are detailed at the time of your order.
Shipping costs are generated during the ordering process. They correspond to a contribution to the costs of preparation, packaging, postage, transport and, if applicable, customs. The amount of the postage is shown on the order confirmation.
In case of import duties and taxes, these must be paid by the customer. For detailed information and cost estimates, please contact your local customs office.
6.1 - Picking up orders at relay points
Once the order has been placed on the site, the customer receives an SMS from the partner carrier. The customer is free to choose to have his order delivered to the relay point of his choice.
If the customer does not collect the products from the relay point within fifteen (15) days of receiving the SMS or email informing them that the products are available, the parcel will be returned to TERRE D'ISLANDE. If the parcel is returned to TERRE D'ISLANDE, the order will be automatically cancelled and reimbursed by TERRE D'ISLANDE and the products will be immediately returned to stock.
6.2 - Collection of orders from the factory
TERRE D'ISLANDE offers the customer the option of collecting their order directly from the DALMARD MARINE factory in Paimpol by their own means.
This option is only available at the DALMARD MARINE factory, Quai Armand Dayot 22500 Paimpol. Orders can be collected from the factory from Monday to Friday from 10am to 1pm French time.
In order to collect the order, the customer must bring the order confirmation email (on which the order number is indicated). The customer's identity card may be requested.
If these documents are not presented, TERRE D'ISLANDE will be entitled to keep the products, and the customer must return with the required proof.
If the customer does not collect the products within thirty (30) days of receiving the SMS or email informing him/her that the products are available, the order will be automatically cancelled and reimbursed by TERRE D'ISLANDE and the products will be immediately returned to stock.
7- TERMS OF PAYMENT
Online payment by credit card : Maestro, Mastercard, Visa, Visa Electron, MasterCard and VISA are accepted as payment methods.
Pay your order in 3 or 4 times by credit card from €300 to €3000 with OneyBank
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €300 to €3000 in 3 or 4 instalments with your bank card.
Conditions: This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the duration of the chosen financing. Cards with systematic authorisation such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.
How to subscribe: After completing your order, simply click on the "3x 4x Oney payment by credit card" button. You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and a personalised financing application, which you must then validate.
You enter your personal details or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by ticking the relevant box.
You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general conditions constitutes consent to contract and an irrevocable and unreserved acceptance of the general conditions of the product.
In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and OneyBank.
If you apply for a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management and collection of credit.
Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day cooling-off period to withdraw from your loan.
How does it work? Payment in 3 or 4 instalments by credit card allows you to pay for your order on our website as follows
- a compulsory deposit, debited on the day of confirmation of the dispatch of your order, corresponding to one third or one quarter of the order, to which are added charges corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (within the limit of 15€ maximum for a 3 times payment and 30€ maximum for a 4 times) ;
- two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.
Payment in 3 instalments from a purchase of €300 to €3000
Example: For a purchase of €150, deposit of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.26%. Cost of financing: €2.18 up to a maximum of €15.
Payment in 4 instalments from a purchase of €100 up to €3000
Example: For a purchase of €400, deposit of €108.80 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 19.31%. Cost of financing: €8.80 up to a maximum of €30.
Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
We do not store any of our customers' credit card details following payment. For more details on how we handle your personal data, please read our privacy policy.
8 - PRICES
Prices are quoted in euros including all French taxes.
They take into account the VAT applicable on the day of the order. These prices exclude participation of the order processing if applicable (port, packing and making of the parcel according to the amounts in force).
Any change in the applicable rate may be passed on to the prices of the products. After this date, they are subject to change at any time. However, prices cannot be changed once the customer's order has been placed.
Similarly, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either up or down, this change could be passed on to the sale price of the articles present on the website of the company TERRE D’ISLANDE.
The prices of each article is shown online in the catalogue of products.
The prices indicated on the website are guaranteed for the duration of on-line and within the limit of the available stocks.
9 - RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
All items can be subject to an exchange or a credit note. The return must take place within 14 days (withdrawal period) from the date of receipt of the parcel. If any item is going to be returned the customer pays the cost of return.
The return must be made to the address: DALMARD MARINE, QUAI ARMAND DAYOT, BP5 22501 PAIMPOL CEDEX.
If the customer wishes to exchange against another product for which the cost is higher, the client carries this price difference before sending out a new product.
Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the request a credit in the form of a code (usable on the website) to refund of the difference.
The right to return products shall be deemed correctly exercised once the following conditions have been fully met:
- the products have not been used, worn, washed or modified;
- the products are returned in their original packaging with hangtags and labels;
- the returned items must be shipped back to the Vendor within fourteen (14) calendar days from the date on which you received the order;
- the products should not be damaged.
If our team finds that one of these conditions is not respected, TERRE D'ISLANDE will invoice the customer the amount of 50€ for the cleaning and repackaging of the products.
If you have fulfilled all requirements set forth above, the Vendor shall refund the entire price for the purchased products. You will have to pay for the return shipping cost upfront and at your own expense in accordance with our returns instructions. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you at no expense to the Vendor. If you refuse the above delivery, the Vendor reserves the right to retain the products and the amount paid for your purchase of the products.
Without limiting the paragraph above, the cancellation right set out above does not apply to:
(a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons;
(b) products comprising sealed audio or video recordings or computer software, if the product becomes unsealed after delivery;
(c) products which are made to your specifications or clearly personalised; or
(d) products which have become inseparably mixed with other items after delivery.
Refund Times and Procedures
After the Vendor has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted. Whatever the form of payment you used (Credit/Debit Card), the Vendor will refund you all payments received from you for such cancelled purchase, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses as customs or taxes) within fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time.
You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Without prejudice to the above, and once the Vendor has checked that the return was carried out in compliance with the above conditions, the time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:
• Purchase by Credit/Debit Card: refund time will depend on the Credit Card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;
10 - WARRANTIES
All articles are subject to a contractual guarantee, which does not preclude the legal guarantee provided for in articles 1641 and following of the Civil Code. The user benefits for the articles of a guarantee enabling him to return the delivered articles defective in accordance with the articles L 211-4 and following of the Code of the consumption
Any warranty will only apply if the clothes have been handled in best manner, following our maintenance tips.
Warranty cannot apply if the clothes have been used, washed or treated different than explained or indicated on the washing labels. For example clothes which have been washed if they should not or washed too hot are not under warranty. Wear and tear is neither a reason for warranty.
* Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of issue.
* Article L211-5 of the Consumer Code
To comply with the contract, the property must:
(1) Fit for the customary use of a similar good and, where applicable:
* - correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
- present the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
(2) Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
* Article 1641 of the Civil Code
The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the purchaser has not acquired it, Would have given a lesser price if he had known them.
11 - SIGNATURE AND PROOF
If the client wishes he can create a client account for which he will create a personal password and receive a customer account number. This number is personal. Any loss or forgetfulness must be denounced to the services of the company TERRE D’ISLANDE as soon as possible by contacting the customer service of the company TERRE D’ISLANDE.
In all cases the online supply of the bank card number and the final validation of the order will be proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will owe the sums committed by the seizure of the items on the purchase order.
This validation is a signature and express acceptance of all operations performed on the site. However, in case of fraudulent use of his / her credit card, the customer is invited, upon discovering this use, to contact the customer service of the company TERRE D’ISLANDE.
12 - RESPONSIBILITY
The company TERRE D’ISLANDE has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.
Thus TERRE D’ISLANDE undertakes to describe with the greatest accuracy the products sold on the website of the company TERRE D’ISLANDE. TERRE D’ISLANDE cannot be held liable in the event that the non-fulfilment of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French jurisprudence. Similarly, TERRE D’ISLANDE cannot be held liable for any inconvenience or damage inherent in the use of the internet, such as a breach of service, external intrusion or the presence of computer viruses.
13 - INTELLECTUAL PROPERTY
All elements of the TERRE D'ISLANDE website, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the company TERRE D’ISLANDE. A user who has a personal website and who wishes to place a simple link to his homepage on the site of the TERRE D’ISLANDE company site for personal use needs an authorization from the company. Please contact us before.
This will not be an implicit affiliation agreement.
On the other hand, any hypertext link referring to the site of the company TERRE D’ISLANDE and using the technique of framing or in-line linking is formally prohibited.
In all cases, any link, even tacitly authorized, must be withdrawn upon request of the company TERRE D’ISLANDE.
14 - INTEGRALITY
Should one of the clauses of this contract be null and void by a change of laws or regulations or by a court decision, this can in no way affect the validity and compliance with these general terms and conditions of sale.
15 - DURATION
These conditions apply for the duration of the on-line services offered by the company TERRE D’ISLANDE.
16 - SECURITY
The computerized registers stored in the computer systems of TERRE D’ISLANDE and its partners under reasonable conditions of security shall be considered as evidence of communications, orders and payments made between the parties.
For more information please read our privacy policy.
17 - APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. The court of jurisdiction in case of dispute will be that of Saint-Brieuc.
18 - ENVIRONMENT
The Unique Identification Number (IDU) is proof that the company DALMARD MARINE is registered with the eco-organisation and is up to date with its eco-contributions. The IDU assigned to DALMARD MARINE is as follows: FR247488_11KWTY
19 - CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
Address: SARL TERRE D'ISLANDE - QUAI DE KERNOA -22500 PAIMPOL - FRANCE
Tel: +33 (0) 2 96 55 12 38 / Fax: +33 (0) 2 96 22 08 83
Monday to Saturday from 9.45 a.m. to 12.30 p.m. and from 2 p.m. to 7.15 p.m to French time.
On sunday from 10:30 a.m. to 12:30 p.m. and from 2:30 p.m. to 6:30 p.m to French time.
Customer service cannot be guaranteed on public holidays.
You can as well contact us in written form here. Our team is committed to giving you an answer within 48 hours.